Ministry of Railways has decided to revise the procedure of payment of ex-gratia relief to the dependents of dead and injured passengers involved in Train Accidents and Untoward Incidents as defined under Section 123 read with Section 124 and 124-A of the Railways Act, 1989 and to the road users who met with an accident due to Railway’s prima facie liability at Manned Level Crossing Gate Accident.
No ex-gratia relief would be admissible to road users in case of accident at Unmanned Level Crossing, trespassers, persons electrocuted by OHE (Over Head Equipment). Ex-gratia payment in case of train accidents and untoward incidents are not to be taken into account at the time of final claim for compensation the amount of ex-gratia relief admissible to road users, who meet with an accident due to Railway’s prima facie liability at Manned Level Crossing Gate Accident, will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award is actually granted by Court of Law.
Ex-gratia payments should also be made to railway servants killed or injured by a moving train while performing their duty, for example, gang man working on track run over accidentally by a moving train. Payments should be sanctioned/arranged preferably on the spot by a Senior Scale Officer nominated by the General Manager after making such enquiries as, can be reasonably made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.
